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Issues involved: Registration u/s 12-A and approval u/s 80G(5) of the Income Tax Act for a society, rejection of application by the Commissioner of Income Tax, interference by the Income Tax Appellate Tribunal, requirement of maintaining separate accounts for different activities.
In the case, the appellant raised a substantial question of law regarding the justification of the Tribunal in directing the CIT to grant registration u/s 12-A to the assessee society despite concerns raised about the maintenance of separate accounts for different activities. The society applied for registration u/s 12A and approval u/s 80G(5) of the Income Tax Act, which was initially rejected by the Commissioner of Income Tax citing improper maintenance of books of accounts. The Tribunal, however, allowed the appeal, leading to a dispute between the department and the assessee. The society in question is involved in producing handicraft products and selling milk from animals, with financial documents submitted for assessment. The CIT's objection was primarily focused on the lack of separate accounts for the two distinct activities, despite no other defects being pointed out in the financial records. The Tribunal overturned the CIT's decision based on the charitable nature of both activities as per the society's bye-laws, with no indication from the Commissioner that any activity was non-charitable. The Tribunal's findings, considered as questions of fact, were not challenged in the appeal, leading to the dismissal of the appeal by the High Court. The Court found no legal flaw in the Tribunal's decision, thereby upholding the direction for registration u/s 12-A for the society.
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